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29. Further learned counsel has placed before this Court the information issued by the Director (Imports) of the Food Safety Standards Authority of India (Statutory Authority established under the Food Safety and Standards Act, 2006) which reads as under :
"File No.1-1600/FSSAI/Imports/2016 (Part18) Food Safety and Standards Authority of India (A Statutory Authority established under the Food Safety and Standards Act, 2006) FDA Bhawan, Kotla road, New Delhi-110002 20 November, 2018 Import of Betel Nut/Areca Nut Standards of areca nuts are prescribed under sub-regulation 2.3.55 of Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011 and also in Chapter 2 of Food Safety & Standards (Contaminates, Toxins & Residues) Regulations 2011. Further, limits of aflatoxin as 15 ug/kg in areca nut is prescribed in the Food Safety and Standards (Contaminants, toxins and Residues) Regulation, 2011 through amendment dated 27.12.2017. Patna High Court CWJC No.6563 of 2019 dt.05-09-2019
2. Areca nut, the fruit of the areca palm (Areca catechu), commonly referred to as betel nut is prone to the formation of fungal growth during various stages of its production, storage and transportation. Accordingly, it has been decided that the consignments of imported Betel/Areca Nut shall not be cleared through Risk Management System (RMS) and all the imported consignments shall be subjected to 100 % sampling and testing. Also, FSSAI's Authorised Officers and Customs officials notified as Authorised Officers by FSSAI are heareby advised to be vigilant and strictly ensure the compliance of above mentioned FSS Regulations before clearance of consignments of imported areeca/betel nuts.
34. Further the information furnished by the Director (Imports) in the communication dated 20 th November, 2018 with regard to merit of Betel/Areca Nut are also important to appreciate. It clearly provides that Areca Nuts, commonly known as Betel Nuts is capable of the formation of Fungal growth during various stages of its production, storage or transportation, therefore, the consignment of imported Betel /Areca Nut shall not be cleared through risk management system and all the imported consignments shall be subjected to 100% sampling and testing. The FSSAI's authorized officers and custom officers as authorized officers were therefore, advised to be vigilant and strictly ensure the compliance of the FSS regulations before clearance of consignments of imported Areca/Betel Nuts.
35. At this stage, this Court is getting a clarity as regards the stage of testing of the Areca Nuts / Betel Nuts. In terms of the views of the Food Safety and Standards Patna High Court CWJC No.6563 of 2019 dt.05-09-2019 Authority of India as stated in the information dated 20 th November, 2018, Areca Nuts / Betel Nuts is to be tested strictly and it cannot be said that the Betel Nuts being a raw material unless processed and packed for sale for consumption, cannot be subjected to the laboratory test. This Court is, therefore, of the considered opinion that the plea which is being taken by learned counsel for the petitioners citing the judgment of the learned Writ Court in C.W.J.C. No. 3784 of 2013 and M.J.C. No. 2185 of 2013 cannot be accepted. It is well settled law that a judgment of the Court is always rendered in the facts placed before the Court and the submissions made in the matter. Since this Court has found that the aforesaid materials were not brought before the learned Writ Court in the case of Salsar Transport Company (supra), the said decision cannot be applied on the face of the materials which have been placed before this Court in the present case. Nothing has been brought to show that the very sampling and testing of the Areca Nut was not in accordance with law.